Ajay Kumar Tripathi, CJ
1. I.A. No. 1 of 2019 which is an application for condonation of delay of 438 days.
For the reasons indicated in paragraphs 6 and 7 of the said I.A. coupled with the fact that identically situated persons have already been granted relief
in W.A. No. 448 of 2017 and other analogous cases which was the case of Krishna Kumar Daharia vs. State of Chhattisgarh & Others and in the
interest of consistency of justice, the said I.A. is allowed.
2. The matter is thereafter heard on merits. For the reasons assigned in the aforesaid batch of writ appeals and the decision of Division Bench dated
24.09.2018 the present appeal is also allowed with the same set of relief which was granted to the Appellants of those writ appeals. The operative
part of the order is reproduced herein below:
15. In the facts and circumstances, we therefore, hold the order of termination dated 16.06.2016 passed by the CMHO, Baloda Bazar as well as the
order dated 27.09.2017 passed by the learned Single Judge upholding such decision of termination to be irrational and arbitrary and therefore, they
deserve to be set aside and are set aside. It goes without saying that all these Appellants will be reinstated in their service forthwith.
16. The respondents, however, are given liberty that they will issue individual notices and hold enquiry in relation to the appointments on the post so
made of all these terminated employees and this exercise cannot be a collective exercise because the authorities will have to identify as to which
appointment was irregular and which appointment was illegal in the enquiry. In the departmental proceeding to be held and on the findings thereon, the
law will take its course. The said enquiry will be concluded preferably within a period of six months.
17. Before disposing these appeals, the Court also directs all the appellants that on the notice so given to them by the Appointing Authority who is said
to be CMHO, Baloda Bazar, they will co-operate in the enquiry and will not unnecessarily delay the same on one pretext or the other.
3. Writ appeal is allowed.